68 Democrats push White House to extend work permits

A group of 68 Democratic lawmakers have urged the Biden administration to fast-track regulations extending employment authorization for thousands of immigrants before their work permits expire later this month.

Businesses and their immigrant employees face increasing uncertainty over the future of their work authorization as a host of government-issued permits are set to expire beginning April 24 for immigrants who applied to renew the documents last fall, lawmakers said in a letter released Monday.

With a backlog of over 279,000 renewal applications as of September 2023 they are seeing processing times of up to 16 months.

“Employers in our states cannot afford to wait until mid-April to know whether their employees will be able to continue working legally,” according to the letter spearheaded by Sens. Elizabeth Warren (D-MA) and Kirsten Gillibrand (D-NY).

A timeline and history of H-4 EAD (January 27, 2021)

“These employers need to be able to plan and operate knowing that their workforce will not be disrupted by abrupt changes in work authorization status.”

The lawmakers urged the Biden administration to lengthen the automatic extension period for work permits, or Employment Authorization Documents (EADs), from 180 days to at least 540 days to account for significant delays in processing EAD renewal applications.

If the administration does not finalize a new rule to extend this period, immigrants and asylum seekers could begin to lose their permission to work on April 24, 2024, which could lead to serious consequences for families and local economies, they stated.

“Many lose their jobs, income, and access to driver’s licenses because of bureaucratic delays outside of their control. This severely limits their ability to pay rent, buy food, and support themselves and their families,” wrote the lawmakers.

“If they continue to work without authorization, they can also become removable from the United States, and their employers can be subject to civil penalties.”

In addition to the impact on workers, the lawmakers stress that the rule must be finalized as quickly as possible to assist employers and local economies, as well.

READ: Google leads push for work permits for spouses of H-1B holders (May 17, 2021)

The lawmakers are pushing for the new rule, already under review by the White House, to be enacted as an interim final rule without a sunset date, or alternatively, as a temporary final rule that leaves the benefit in place for at least three years.

While the White House’s Office of Information and Regulatory Affairs has 90 days from March 1 to review the proposed rule, the lawmakers are pushing for the rule to be finalized as soon as possible.

“We appreciate the steps your administration has already taken to address the work authorization challenges faced by immigrant communities and to improve EAD processing delays over the past calendar year,” the lawmakers wrote.

“However, the current situation demands further action to prevent extensive job losses and economic disruption.”

READ: Those awaiting H-4 EAD disappointed that Biden has not addressed work permit delays (February 10, 2021)

“ASAP is grateful that members of Congress have now joined asylum seekers in asking the government to prioritize extending work permits,” said Leidy Perez, policy and communications director at the Asylum Seeker Advocacy Project (ASAP), a membership organization of over 600,000 asylum seekers.

“Work permits allow our members to obtain and remain in the workforce, access professional and driver’s licenses, and keep health insurance. It is now more important than ever for the Biden administration to listen to asylum seekers and members of Congress and prioritize extending work permits.”

Eight Senate Democrats and 60 House Democrats signed the letter along with Warren and Gillibrand.